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Insurance: Underinsured Motorist Coverage-Denial of Coverage


Insurance: Underinsured Motorist Coverage-Denial of Coverage

Plaintiff appealed the grant of summary judgment for defendant insurer, arguing that the record supported finding that plaintiff had $25,000 in underinsured motorist coverage and that the policy was illusory or ambiguous.

Where the uncontroverted facts established that $25,000 in underinsured motorist coverage was not available to plaintiff and that the other driver was not an underinsured driver, there was no error in granting summary judgment for defendant.

Judgment is affirmed.

Preston v. Progressive Direct Insurance Company (MLW No. 82294/Case No. WD86801 - 14 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Jackson County, McKenzie, J. (Jonathan R. Clayton, Overland Park, KS for appellant) (Niki Long, Overland Park, KS for respondent)

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